Defendant's Attorney: Charleston, South Carolina insurance defense lawyer represented the Defendant.

Description: Charleston, South Carolina personal injury slip and fall lawyer represented the Plaintiff who sued the Defendant on a premises liability negligence theory.

South Carolina premises liability law governs who is responsible for injuries that occur on someone else's property. Here's a breakdown of the key aspects:

Duty of care: Property owners and occupiers owe a duty of care to keep their premises reasonably safe for those who are legally allowed to be there. This duty varies depending on the visitor's classification:

Invitees: Business guests, customers, and others invited onto the property for the owner's benefit are owed the highest duty of care. This means the owner must actively inspect for hazards and take reasonable steps to fix them.
Licensees: Social guests and those on the property with the owner's permission but not for the owner's benefit are owed a lower duty of care. The owner must warn of known dangers and avoid creating new ones through reckless acts.
Trespassers: Generally, property owners owe no duty to trespassers, unless they are:
Aware of the trespasser's presence and do nothing to warn them about a hidden danger.
Intentionally or recklessly injure the trespasser.

Breach of duty: To succeed in a premises liability claim, you must prove the owner or occupier breached their duty of care. This could involve:

Failing to maintain the property in a safe condition (broken stairs, slippery floors, etc.)
Failing to warn of known dangers (hidden potholes, unmarked construction zones, etc.)
Creating a new hazard through their actions (leaving tools unattended, spilling liquids, etc.)

Proximate cause: The breach of duty must be the direct cause of your injury. In simpler terms, your injury wouldn't have happened but for the owner's negligence.

Damages: If you can prove both breach of duty and proximate cause, you may be entitled to compensation for your losses, including:

Medical expenses
Lost wages
Pain and suffering
Emotional distress
Loss of enjoyment of life
Property damage

Unique aspects of South Carolina law:

Open and obvious dangers: If a danger is open and obvious, the owner generally has no duty to warn visitors about it. This can make it difficult to recover damages in some cases.
Recreational immunity: Property owners are generally not liable for injuries sustained on their property during recreational activities like hunting, fishing, or hiking, unless they act recklessly or intentionally cause harm.
Statute of limitations: You generally have three years from the date of your injury to file a premises liability lawsuit in South Carolina.

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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